Car Hits Two Children Getting off Bus in Gresham, one Dies
Date: October 31, 2014
Location: Division Street and Country Club Avenue
Name: Jaquis Thornton
Friday afternoon around 3:30pm, two children were hit by a car after getting of the school bus. The two brothers are in critical condition.
Two vehicles crashed at the intersection of Division Street and Country Club Avenue and one of the cars hit the children and then hit a house. One car was traveling east on Northeast Division Street when it attempted to turn north onto Country Club Avenue when it collided with a car traveling west on Division. One of the cars was forced onto the sidewalk, striking the boys.
One of the boys, 10-year old Jaquis Thornton, was unconscious and unresponsive at the scene and died at the hospital Saturday. His 8-year-old brother was conscious and breathing but is still in critical condition.
A mother and child in one of the cars involved in the crash also had minor injuries and were taken to OHSU. It is unclear what the condition of the people inside the vehicle that killed Thornton is. No alcohol or drugs seemed like a factor at this point.
We extend our condolences to the family and friends of Jaquis Thornton and wish his brother a full and speedy recovery.
Oregon wrongful death claims are allowed under ORS 30.010-30.100. But the law is much more complicated than a normal accident case. First of all, the statute of limitations (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
In a wrongful death case, you can ask for compensation for several types of damages as well.
Compensatory damages include.
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain, suffering and loss of income during the period between injury and death;
- Compensation for “pecuniary loss” to the decedent’s estate;
- Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;
Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.
Posted on November 4, 2014, in Portland personal injury attorneys and tagged car accident, car crash, child death, country club avenue, division street, gresham, jaquis thornton, pedestrian accident, pedestrian death, Personal Injury. Bookmark the permalink. Leave a comment.